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Stewart v. State

Language in the defendant's sentence purporting to designate a place of confinement was mere surplusage.

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A jury found Corey Stewart guilty of possessing cocaine. Stewart filed a motion for a new trial, which the trial court denied. Stewart appeals, arguing that: the evidence was insufficient to support his conviction; the trial court erred in admitting evidence of certain telephone calls; he received ineffective assistance of counsel; and the trial court erred in considering his prior record in sentencing him and in sentencing him to serve in the prison work camp. For reasons that follow, we affirm. 1. “On appeal from a criminal conviction, we view the evidence in a light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence.”1 Our role is to determine whether the evidence was sufficient for a rational trier of fact to find the defendant guilty beyond a reasonable doubt; we neither weigh the evidence nor determine witness credibility.2 In this case, the evidence shows that on March 16, 2004, Gwinnett County deputy sheriffs served a temporary protective order and warrant for a probation violation on Stewart at an apartment in Norcross. As they approached the apartment, Stewart had just opened the front door to admit someone else. Stewart tried to shut the door when he saw the deputies, but they pushed the door open. Stewart was then handcuffed, and deputies performed a protective sweep of the apartment.

Two other men and two women were present in the two bedroom apartment. One of the women told a deputy that there were guns and drugs in the apartment. In one bedroom, deputies found a 15 year old boy, Tristen Cailloutte, asleep on the bed. On the same bed were keys, cigarettes, a lighter, and clear plastic bags containing crack cocaine. In the other bedroom, deputies found a man and a woman along with cocaine and drug paraphernalia.

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